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2014 (9) TMI 1238 - HC - Indian LawsSeeking directions to permit the petitioner to leave the Country and for that to return the passport lying in deposit as one of the conditions of the bail order - petitioner wants to leave the Country on his business purposes - power of investigating officials to impound the passports - HELD THAT:- As per the Apex Courts guidelines in Mhetre's case [2010 (12) TMI 1085 - SUPREME COURT] as part of the conditions of the bail besides property title deeds required to be deposited including bank accounts and deposit of even the passport of accused before the learned Magistrate though there are expressions in Sure Nanda v. Central Bureau of Investigation [2008 (1) TMI 876 - SUPREME COURT] and in GIAN SINGH VERSUS STATE OF RAJASTHAN [1999 (5) TMI 629 - SUPREME COURT] saying that the investigating officials have no right of their own to impound the passport, but for the passport officials under the provisions of the Indian Passport Act, 1967. Here, the impounding the passport by investigating officers is entirely different from seeking to deposit the passport by the Court as one of the conditions of the bail to see that the accused shall not jump the bail or form the clutches of the Justice by using or misusing the passport even there is a bar under Section 6(2)(f) of the Indian Passport Act, 1967 of any person who is accused of crime in India, passport cannot be obtained and travel beyond the country without prior permission and there is a circular of the Central Government in GSR 570E, dated 25.08.1993 as per Section 22 of the Passport Act issued by the Ministry of External Affairs in the public interest that by said notification exempting the citizens of India against whom criminal proceedings are pending in India without facing any hardship for their requirement to travel abroad, a permission of the concerned Magistrate, where the case is pending for travel abroad. There is nothing to modify the condition imposed in the bail order passed by the learned Sessions Judge for return of passport but for a direction to the learned IV Additional Chief Metropolitan Magistrate, Hyderabad, before whom the passport is in deposit, in the event of the petitioners application as contemplated by the Circular instructions of the Union of India in GSR 570E dated 25.08.1993 relaxing and modifying to some extent, the bar under Section 6(2)(f) of the Indian Passport Act within its power under Section 22 of the Indian Passport Act to permit to have travel document pursuant to passport from the authorities concerned for integram period till end of December, 2014 - when the passport is required for such travel permit to return the passport subject to undertaking to re-deposit and subject to execution of a bond for ₹ 2,00,000/- with affidavit undertaking of re-deposit the passport and return back to India and on failure to forfeit the said bond amount as one of the modes of penalty contemplated by section 53(5) of Indian Penal Code. The Criminal Petition is disposed of.
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